An agreement with the Pokagon Band of Potawatomi Indians

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EXECUTION COPY (3). Provided that the Resort was the only casino conducting gaming that is substantially equivalent to "Class I1'Gamuig ", as that term is defined in subsection 2703('1) of IGRA., or Class III Gaming within a twenty - five (25) mile radius of the Resort, excluding any other casino that;may be operated by or on behalf of the Band or PGA; PGA guarantees that each Annual ILT Payment made to the City pursuant to this subsection (d) will not be less thaw+ (A) ONE MILLION DOLLARS ($1,000,000.00) if throughout the Annual ILT Payment period, excluding events or circumstances within PGA's control, PGA had the physical infrastructure and legal right to conduct gaining at the Resort at a minimum capacity of not less thati. 850 Class I.I Games and not more than 1,699 Class, II Games, or (B) TWO MILLION DOLLARS ($2,000,000.00) if throughout the Annual ILT Payment period, excluding events or circumstances within.PGA's control, PGA had the physical infrastructure and legal right to conduct gaming at the Resort at a minimum capacity of not less than 1,700 Class II Games. (e): Revenue Sharing from Class 111 Gaming. This Section exclusively addresses revenue sharing by PGA with the City from a Resort that can lawfully conduct Class III Gaming under an Indiana Compact. (1). If the Band, or any person or entity on its behalf, operates Class III Gaining pursuant to an Indiana Compact and IGRA and the Indiana Compact contains provisions for the use of net revenues from Class III Gaming to help fund operations of City agencies (regardless of the amount of such payments or method of control or distribution), then the provisions .in the Indiana Compact. that govern payments of such net revenue to the City shall; (i) be applicable and control and shall supersede the ILT Payment requirements for Class II Games in subsection (d) of this Section 14; and (ii) except as expressed in Section 14(e)(2) of this Agreement, PGA's obligations regarding payments of such net revenue to the City shall be solely limited to those provided in the Indiana Compact. (2), If the Band, or any person or entity on its behalf, operates Class III Gaming pursuant to an Indiana Compact and IGRA and the Indiana Compact contains no provisions for the use of net revenues from Class III Gaming to help fund operations of City agencies, or if such payments are less than two percent (2 %) of the Net Win from Class III Games, then in such case PGA shall, upon the City's request and subject to any Page 10 of 22